LEGAL PROBLEMS IN THE APPLICATION THE GROUNDS FOR DISMISSAL UNDER ART. 328, PARA. 1, ITEMS 5, 6 AND 11 OF THE LABOUR CODE AND THE CONTRADICTORY PRACTICE OF THE SUPREME COURT OF CASSATION Cover Image
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ПРАВНИ ПРОБЛЕМИ ПРИ ПРИЛАГАНЕТО НА ОСНОВАНИЯТА ЗА УВОЛНЕНИЕ ПО ЧЛ. 328, АЛ. 1, Т. 5, 6 И 11 ОТ КОДЕКСА НА ТРУДА И ПРОТИВОРЕЧИВАТА СЪДЕБНА ПРАКТИКАТА НА ВЪРХОВНИЯ КАСАЦИОНЕН СЪД
LEGAL PROBLEMS IN THE APPLICATION THE GROUNDS FOR DISMISSAL UNDER ART. 328, PARA. 1, ITEMS 5, 6 AND 11 OF THE LABOUR CODE AND THE CONTRADICTORY PRACTICE OF THE SUPREME COURT OF CASSATION

Author(s): Hristo Banov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Law on Economics
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: grounds for dismissal; Labour Code; contradictory practice of the Supreme Court of Cassation; lack of qualities; motivation of a dismissal order; change in the requirements for the performance of the

Summary/Abstract: The practice of the Supreme Court of Cassation is contradictory regarding the exact way in which an employer is obliged to motivate an order for dismissal upon termination of a labour contract under Art. 328, para. 1, item 5 of the Labour Code – whether it is sufficient to only list the qualities for efficient performance of the job which the employee does not possess, or a significantly more thorough and detailed argumentation by the employer is required. A considerable number of decisions of the Supreme Court of Cassation contradict each other and also in terms of resolving the problem whether a reason exists for dismissal under Art. 328, para. 1, item 6 of the Labour Code in several specific hypotheses, whose peculiarities are determined by the concrete way and moment in which requirements for education and professional qualification are established. The case-law is also controversial on the issue of the correlation between the grounds for dismissal under Art. 328, para. 1, item 6 and item 11 of the Labour Code.Furthermore, the practice of the Supreme Court of Cassation is contradictory and also in rulings of the court on the issue regarding the correlation between the grounds for dismissal under Art. 328, para. 1, item 6 and item 11 of the Labour Code. The legal problem is whether in this case there are two completely different grounds for termination of the employment contract by the employer, or the correlation between them is determined by an additional criterion, related to the concrete moment when the requirements for education and professional qualification are changed.

  • Issue Year: 2018
  • Issue No: XVII
  • Page Range: 231-264
  • Page Count: 34
  • Language: Bulgarian